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MATTER OF CLARKE v. VENETTOZZI

521694.

139 A.D.3d 1221 (2016)

32 N.Y.S.3d 353

2016 NY Slip Op 03790

In the Matter of MICHAEL CLARKE, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 12, 2016.

After correspondence mailed by petitioner, an inmate, was returned as undeliverable, it was opened to reveal a letter allegedly containing gang symbols and references. A subsequent search of petitioner's cell revealed a SONY walkman with no inmate DIN number marked on it and another letter allegedly containing gang references. As a result, petitioner was charged in a misbehavior report with engaging in gang activity, possession of contraband and engaging in an unauthorized...

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